Ways an Identity Thief Uses Personal Information

Identity theft may occur after a thief gets a hold of your personal information, such as your name, Social Security number (SSN) or birth information. Once an identity thief gets a hold of your personal information, identity theft can be committed in a variety of ways.

Below are some specific ways that an identity thief may use your personal information:

• Call your creditors to have your mailing address changed on your credit card account so that you may not realize that the thief has run up charges on your account
• Open new credit accounts in your name and not pay the bills, which will be reported on your credit report as delinquent accounts
• Use your name to get utility services like electricity, heating or cable TV
• Open bank accounts in your name and then write bad checks
• Give your name to police after they commit a crime and are arrested
• Create fake checks, credit cards or debit cards using your name and account numbers
• Authorize electronic transfers in your name to drain your bank account
• Clone your ATM or debit card if they have your account information and make electronic withdrawals, draining your accounts
• Take out an auto loan in your name
• File for bankruptcy under your name to avoid paying debts they've incurred under your name
• Get a driver's license or other official ID card issued in your name but with their picture
• Get a job using your SSN
• Use your name and SSN to get government benefits
• File fraudulent tax returns in your name using your SSN
• Rent vehicles or houses in your name
• Get medical services using your name

Laws that Protect Your Rights

If an identity thief has used your personal information to commit crimes, there are procedures under federal law for correcting credit report and billing errors and stopping debt collectors from contacting you about bills you do not owe. Here is a summary of the federal laws:

There are laws that establish procedures for correcting mistakes on your credit report. (Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.)

There are laws that limit your liability for unauthorized credit card charges to $50 per card. (Truth in Lending Act (TILA) 15 U.S.C. §§ 1601-1667f.)

There are laws that establish procedures for resolving billing errors on your credit card accounts. This includes fraudulent charges on your accounts. (The Fair Credit Billing Act (FCBA), which is part of the Truth in Lending Act, 15 U.S.C. § 1666 et seq.)

There are laws that prohibit debt collectors from using unfair and deceptive practices to collect overdue bills that a creditor has forwarded for collection. You can stop a debt collector from contacting you by writing a letter to the collection agency telling them to stop. If you are a victim of identity theft, include a copy of the police report. (The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq.)

There are laws that provide consumer protections from transactions involving an ATM or a debit card or any other electronic way to debit or credit an account. It also limits your liability for unauthorized electronic fund transfers. (The Electronic Fund Transfer Act (EFTA), 15 U.S.C. § 1693 et seq.)

There are laws that establish a centralized complaint and consumer education service for victims of identity theft and give the responsibility of developing this function to the Federal Trade Commission (FTC). (The Identity Theft and Assumption Deterrence Act of 1998 (ITADA), 18 U.S.C. § 1028.)

Questions for Your Attorney

If you are a victim of identity theft, you may want to contact an identity theft attorney and ask questions such as those listed below:

• I am getting bills for services that I did not sign up for; how can I prove that I am a victim, not a deadbeat?
• My bank account has been drained but I don't know who did it, what should I do?
• I have been denied credit due to a crime that I supposedly committed but I didn't do it, how can I get credit?
• I am a victim of identity theft but I don't know if I want to report the crime; do these crimes get solved or would I be wasting my time?
• As a victim of identity theft, what are my rights under the law and will I be required to pay for any of the bills that were racked up in my name?

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